Trademark Trial and Appeal Board Electronic Filing System. https://estta.uspto.gov
`ESTTA1193741
`02/28/2022
`
`ESTTA Tracking number:
`
`Filing date:
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`Notice of Opposition
`
`Notice is hereby given that the following party opposes registration of the indicated application.
`
`Opposer information
`
`Name
`
`ACTAVIS HOLDCO US, INC.
`
`Granted to date
`of previous ex-
`tension
`
`Address
`
`Attorney informa-
`tion
`
`03/02/2022
`
`400 INTERPACE PARKWAY
`PARSIPPANY, NJ 07054
`UNITED STATES
`
`KATHRYN G. COLE
`MOORE & VAN ALLEN PLLC
`100 NORTH TRYON STREET
`SUITE 4700
`CHARLOTTE, NC 28202
`UNITED STATES
`Primary email: katecole@mvalaw.com
`Secondary email(s): beckyharasimowicz@mvalaw.com, alannahmcal-
`lister@mvalaw.com, iplaw@mvalaw.com
`704-331-1000
`
`Docket no.
`
`043842.14
`
`Applicant information
`
`Application no.
`
`90622804
`
`Opposition filing
`date
`
`Applicant
`
`02/28/2022
`
`HotKnot Therapeutics, Inc.
`5TH FLOOR
`450 KENDALL STREET
`CAMBRIDGE, MA 02142
`UNITED STATES
`
`Goods/services affected by opposition
`
`Publication date
`
`11/02/2021
`
`Opposition period
`ends
`
`03/02/2022
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Providing medical research and scientific
`research information in the field of oncology via the Internet; Providing medical and scientific re-
`search informationin the field of clinical trials; Providing medical and scientific research information in
`the field of pharmaceuticals and clinical trials; Providing medical and scientific research information in
`the fields of pharmaceuticals and genetics; Scientific investigations for medical purposes; Scientific
`research and development
`
`Applicant information
`
`Application no.
`
`90561087
`
`Publication date
`
`12/07/2021
`
`

`

`Opposition filing
`date
`
`Applicant
`
`02/28/2022
`
`Opposition period
`ends
`
`HotKnot Therapeutics, Inc.
`5TH FLOOR
`450 KENDALL STREET
`CAMBRIDGE, MA 02142
`UNITED STATES
`
`Goods/services affected by opposition
`
`Class 042. First Use: None First Use In Commerce: None
`All goods and services in the class are opposed, namely: Providing medical research and scientific
`research information in the field of oncology via the Internet; Providing medical and scientific re-
`search informationin the field of clinical trials; Providing medical and scientific research information in
`the field of pharmaceuticals and clinical trials; Providing medical and scientific research information in
`the fields of pharmaceuticals and genetics; Scientific investigations for medical purposes; Scientific
`research and development
`
`Grounds for opposition
`
`Priority and likelihood of confusion
`
`Trademark Act Section 2(d)
`
`Marks cited by opposer as basis for opposition
`
`U.S. registration
`no.
`
`4783581
`
`Register
`
`Principal
`
`Registration date
`
`07/28/2015
`
`Word mark
`
`Design mark
`
`ACTAVIS AW
`
`Application date
`
`10/22/2013
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`The mark consists of the word "ACTAVIS"below the letters "a" and "w", which
`appear in an intertwined fanciful lettering style that resembles a horizontal zig-
`zag line or a coil, which are both displayed in the color white. The word "ACTAV-
`IS" and the letters "a" and "w" are centered within a rectangle displayed in
`thecolor gray.
`
`

`

`Goods/services
`
`Class 005. First use: First Use: Jan 2015 First Use In Commerce: Jan 2015
`Pharmaceutical preparations for the treatment of dermatological diseases and
`disorders, pharmaceutical preparations forskin care, anti-infectives; antiparasitic
`preparations and substances and antineoplastic agents, all of the foregoing spe-
`cifically excluding tissue plasminogenactivators
`
`U.S. registration
`no.
`
`3845070
`
`Register
`
`Principal
`
`Registration date
`
`09/07/2010
`
`Word mark
`
`Design mark
`
`ACTAVIS
`
`Application date
`
`02/08/2010
`
`Foreign priority
`date
`
`NONE
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of The word "ACTAVIS"with an arc design and line beneath
`thearc appearing to the upper left side ofthe "A" in the word.
`
`Class 005. First use: First Use: Apr 2006 First Use In Commerce: Apr 2006
`Generic pharmaceuticals, namely, preparations and substances for the preven-
`tionand treatment of [ alimentary tract andmetabolic diseases and disorders, ]
`dermatological diseases and disorders * ; *[, genito-urinary and sexual diseases
`and disorders, musculo-skeletal system diseases and disorders, nervous system
`diseases and disorders, respiratory system diseases and disorders, sensory or-
`gan diseases and disorders; systemic hormonal pharmaceutical preparations
`and substances; ] pharmaceuticals, namely, anti-infectives; [ pharmaceutical
`preparations, namely, antineoplastic and immunomodulating agents; ] antipara-
`sitic preparations and substances *specifically excluding tissue plasminogen ac-
`tivators*
`
`U.S. application
`no.
`
`87837595
`
`Application date
`
`03/16/2018
`
`Registration date
`
`NONE
`
`Word mark
`
`AW ACTAVIS
`
`Foreign priority
`date
`
`NONE
`
`

`

`Design mark
`
`Description of
`mark
`
`Goods/services
`
`The mark consists of the word "ACTAVIS"below the letters "A" and "W", which
`appear in an intertwined fanciful lettering style that resembles a horizontal zig-
`zag line or a coil, which are both displayed in the color white. The word "ACTAV-
`IS" and the letters "A" and "W" are centered within a rectangle displayed in
`thecolor gray.
`
`Class 005. First use: First Use: None First Use In Commerce: None
`Oral, transdermal, injectable and intravaginal contraceptive preparations; in-
`travaginal contraceptive sponge; Hormone replacement therapy preparations;
`Pharmaceutical preparations for the prevention of preterm birth or pregnancy;
`Pharmaceutical preparations for the treatment andprevention of urinary incontin-
`ence and overactive bladder; Pharmaceutical preparations for the treatment and
`preventionof iron deficiency and anemia; Pharmaceutical preparations for the
`treatment and prevention of osteoporosis; Pharmaceutical preparations for the
`treatment and prevention of endometriosis; Pharmaceutical preparations for the
`treatment and prevention of symptoms associated with uterine fibroids; Iron che-
`lating pharmaceutical preparations; Fertility enhancing preparations; Pharma-
`ceuticals and medicines for the treatment and prevention of sexual dysfunction;
`Pharmaceuticals and medicines affecting sensory organs; Pharmaceuticals and
`medicines affecting the central nervous system; Pharmaceuticals and medicines
`affecting urogenital organs; Pharmaceuticals and medicines affecting circulatory
`systems; Pharmaceuticals and medicines for the treatment of cardiovascular
`and blood pressure; Pharmaceutical preparations for the treatment and preven-
`tion of digestive tract, gastrointestinal and dermatological diseases and dis-
`orders; Pharmaceuticals and medicinesfor the treatment and prevention of irrit-
`able bowel syndrome; Pharmaceutical preparations that support, encourage or
`promote bone strength or bone health or which are used in the treatment of
`bone disorders or bone diseases; Antibiotics; Antifungal preparations; Pharma-
`ceutical preparations for the prevention and treatment of bacterial infections;
`Pharmaceutical preparations for the prevention andtreatment of diabetes and
`diabetic neuropathy; Pharmaceutical preparations for the prevention and treat-
`ment of pain andneuropathic pain; Pharmaceutical preparations for the preven-
`tion and treatment of respiratory system diseases and disorders; Pharmaceutical
`preparations for the prevention and treatment of neurological diseases and dis-
`orders; Pharmaceutical preparations for the prevention and treatment of neuro-
`degenerative diseases and disorders; Pharmaceutical preparationsfor the pre-
`vention and treatment of peripheral nervous system diseases and disorders;
`
`

`

`Pharmaceutical preparations for the prevention and treatment of hypertension;
`Pharmaceutical preparations for theprevention and treatment of
`Alzheimer'sdisease, dementia, AIDS-related dementia, neurological disorders,
`neurodegenerative disorders, and depression, antidepressants; pharmaceutic-
`als, namely, antipsychotics; coronary vasodilating agents; Pharmaceutical pre-
`parations for the treatment of hypothyroidism; Pharmaceuticalsused in connec-
`tion with anti-aging, thetreatment of glabellar lines, facial wrinkles, asymmetries
`and defects and conditions of the human skin, facial aesthetic surgery, facial
`aesthetic reconstruction, breast aesthetics; topical antibiotics, anti-inflammatory,
`anti-infective, anti-glaucoma and decongestant formulations; sterile antibiotic,
`anti-inflammatory ointments; ocular wetting solutions, artificial tears and formula-
`tions for the treatment of minor ocular inflammations and allergic conditions;
`Pharmaceutical preparations for the treatment of neurological disorders, muscle
`dystonias, smooth muscle disorders, autonomic nerve disorders, headaches, hy-
`perhydrosis, sports injuries, cerebral palsy, spasms, tremors and pain; dermato-
`logical formulations, namely, medicated dry skin lotions and creams, acne med-
`ications and medicated skin lighteners; Pharmaceuticals and cosmeceuticals,
`namely, medicated skin cleansers, toners, moisturizers, rejuvenators, rehydrat-
`ing creams, and lotions forthe face and body
`
`Attachments
`
`86976601#TMSN.png( bytes )
`77930761#TMSN.png( bytes )
`87837595#TMSN.png( bytes )
`20220228_Consolidated NOO_AKTIS_AKTIS ONCOLOGY.pdf(381325 bytes )
`
`Signature
`
`/Rebeca Harasimowicz/
`
`Name
`
`Date
`
`Rebeca Harasimowicz
`
`02/28/2022
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`
`
`In the matter of U.S. Application No. 90/622,804
`For the mark: AKTIS
`Filed: April 4, 2021
`Published in the Official Gazette: November 2, 2021
`
`In the matter of U.S. Application No. 90/561,087
`For the mark: AKTIS ONCOLOGY
`Filed: March 4, 2021
`Published in the Official Gazette: December 7, 2021
`
`
`
`Opposer,
`
`ACTAVIS HOLDCO US, INC.,
`
`
`
` v.
`
`HOTKNOT THERAPEUTICS, INC.,
`
`
`
`Applicant.
`
`
`)
`)
`)
`)
`) Opposition Number __________________
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`NOTICE OF OPPOSITION
`
`
`
`Opposer Actavis Holdco US, Inc. (hereinafter “Opposer”), a Delaware corporation with a
`
`principal place of business at 400 Interpace Parkway, Parsippany, New Jersey 07054, believes that
`
`it will be damaged by the registration of the marks shown in Application Serial Nos. 90/622,804
`
`and 90/561,087 filed by Hotknot Therapeutics, Inc. (“Applicant”), a Delaware corporation with a
`
`principal place of business at 450 Kendall Street, 5th floor, Cambridge, Massachusetts 02142, and
`
`hereby opposes the same pursuant to 15 U.S.C. §1063(a) and 37 C.F.R. § 2.101.
`
`This Notice of Opposition is timely submitted following Opposer’s timely and appropriate
`
`filing of a 30-Day Request for Extension of Time to Oppose and its subsequent timely and
`
`appropriate filing of a 60-Day Request for Extension of Time to Oppose Application Serial No.
`
`
`
`

`

`90/622,804, and Opposer’s timely and appropriate filing of a 90-Day Request for Extension of
`
`Time to Oppose Application Serial No. 90/561,087, which requests were granted by the Trademark
`
`Trial and Appeal Board.
`
`As grounds of opposition, Opposer alleges the following:
`
`Opposer’s ACTAVIS Marks
`
`1.
`
`Opposer offers a wide variety of pharmaceutical preparations, cosmetics and skin
`
`care products, pharmaceutical ingredients, and related research and consulting services throughout
`
`the world.
`
`2.
`
`Since at least as early as 2006, Opposer and/or its predecessors in interest have
`
`continuously used the mark ACTAVIS in United States commerce in connection with such
`
`goods and services.
`
`3.
`
`By virtue of its extensive advertising efforts and associated expenditures
`
`promoting pharmaceutical goods and services under the ACTAVIS mark throughout the United
`
`States, and by virtue of the consistent excellence of such goods and services, Opposer has
`
`earned a highly valuable reputation for its ACTAVIS mark.
`
`4.
`
`Opposer is the owner of U.S. Trademark Registration No. 4,783,581 for the
`
`mark ACTAVIS & Design (“the ‘581 Registration”) for use in connection with the following
`
`goods in International Class 5:
`
`Pharmaceutical preparations for the treatment of dermatological diseases and disorders,
`pharmaceutical preparations for skin care, anti-infectives; antiparasitic preparations and
`substances and antineoplastic agents, all of the foregoing specifically excluding tissue
`plasminogen activators.
`
`The ‘581 Registration issued on July 28, 2015 from an application filed on October 22, 2013
`
`and claims a date of first use in commerce with the recited goods of at least as early as January
`
`2015.
`
`
`
`2
`
`

`

`5.
`
`Opposer is also the owner of U.S. Trademark Registration No. 3,845,070 for
`
`the mark ACTAVIS & Design (“the ‘070 Registration”) for use in connection with the
`
`following goods in International Class 5:
`
`Generic pharmaceuticals, namely, preparations and substances for the prevention and
`treatment of dermatological diseases and disorders; pharmaceuticals, namely, anti-
`infectives; antiparasitic preparations and substances specifically excluding tissue
`plasminogen activators.
`
`
`The ‘070 Registration issued on September 7, 2010 from an application filed on February 8,
`
`2010 and claims a date of first use of the mark in commerce with the recited goods of at least
`
`as early as April 2006.
`
`6.
`
`Opposer is also the owner of U.S. Application No. 87/837,595 for the mark
`
`ACTAVIS & Design (“Opposer’s Application”) for use in connection with the following goods
`
`in International Class 5:
`
`Oral, transdermal, injectable and intravaginal contraceptive preparations; intravaginal
`contraceptive sponge; Hormone replacement therapy preparations; Pharmaceutical
`preparations for the prevention of preterm birth or pregnancy; Pharmaceutical
`preparations for the treatment and prevention of urinary incontinence and overactive
`bladder; Pharmaceutical preparations for the treatment and prevention of iron deficiency
`and anemia; Pharmaceutical preparations for the treatment and prevention of
`osteoporosis; Pharmaceutical preparations for the treatment and prevention of
`endometriosis; Pharmaceutical preparations for the treatment and prevention of
`symptoms associated with uterine fibroids; Iron chelating pharmaceutical preparations;
`Fertility enhancing preparations; Pharmaceuticals and medicines for the treatment and
`prevention of sexual dysfunction; Pharmaceuticals and medicines affecting sensory
`organs; Pharmaceuticals and medicines affecting the central nervous system;
`Pharmaceuticals and medicines affecting urogenital organs; Pharmaceuticals and
`medicines affecting circulatory systems; Pharmaceuticals and medicines for the
`treatment of cardiovascular and blood pressure; Pharmaceutical preparations for the
`treatment and prevention of digestive tract, gastrointestinal and dermatological diseases
`and disorders; Pharmaceuticals and medicines for the treatment and prevention of
`irritable bowel syndrome; Pharmaceutical preparations that support, encourage or
`promote bone strength or bone health or which are used in the treatment of bone
`disorders or bone diseases; Antibiotics; Antifungal preparations; Pharmaceutical
`preparations for the prevention and treatment of bacterial infections; Pharmaceutical
`preparations for the prevention and treatment of diabetes and diabetic neuropathy;
`Pharmaceutical preparations for the prevention and treatment of pain and neuropathic
`
`
`
`3
`
`

`

`pain; Pharmaceutical preparations for the prevention and treatment of respiratory
`system diseases and disorders; Pharmaceutical preparations for the prevention and
`treatment of neurological diseases and disorders; Pharmaceutical preparations for the
`prevention and treatment of neurodegenerative diseases and disorders; Pharmaceutical
`preparations for the prevention and treatment of peripheral nervous system diseases and
`disorders; Pharmaceutical preparations for
`the prevention and
`treatment of
`hypertension; Pharmaceutical preparations for the prevention and treatment of
`Alzheimer's disease, dementia, AIDS-related dementia, neurological disorders,
`neurodegenerative disorders, and depression, antidepressants; pharmaceuticals, namely,
`antipsychotics; coronary vasodilating agents; Pharmaceutical preparations for the
`treatment of hypothyroidism; Pharmaceuticals used in connection with anti-aging, the
`treatment of glabellar lines, facial wrinkles, asymmetries and defects and conditions of
`the human skin, facial aesthetic surgery, facial aesthetic reconstruction, breast
`aesthetics; topical antibiotics, anti-inflammatory, anti-infective, anti-glaucoma and
`decongestant formulations; sterile antibiotic, anti-inflammatory ointments; ocular
`wetting solutions, artificial tears and formulations for the treatment of minor ocular
`inflammations and allergic conditions; Pharmaceutical preparations for the treatment of
`neurological disorders, muscle dystonias, smooth muscle disorders, autonomic nerve
`disorders, headaches, hyperhydrosis, sports injuries, cerebral palsy, spasms, tremors and
`pain; dermatological formulations, namely, medicated dry skin lotions and creams, acne
`medications and medicated skin lighteners; Pharmaceuticals and cosmeceuticals,
`namely, medicated skin cleansers, toners, moisturizers, rejuvenators, rehydrating
`creams, and lotions for the face and body.
`
`
`Opposer’s Application was filed on March 16, 2018 under Section 1(b) of the Trademark Act
`
`of 1946 (the “Act”), 15 U.S.C. § 1051(b). Opposer has a bona fide intent to use the ACTAVIS
`
`& Design that is the subject of Opposer’s Application in commerce with the goods recited
`
`therein.
`
`7.
`
`The ‘581 Registration and ‘070 Registration are collectively referred to herein
`
`as “Opposer’s Registrations;” the subject marks of Opposer’s Registrations are collectively
`
`referred to herein as the “Registered ACTAVIS Marks;” the subject marks of Opposer’s
`
`Registrations and Opposer’s Application are collectively referred to herein as the “ACTAVIS
`
`Marks;” and the goods recited in Opposer’s Registrations and Opposer’s Application are
`
`collectively referred to herein as “Opposer’s Goods.” True and correct TSDR printouts of
`
`Opposer’s Registrations and Opposer’s Application are attached hereto as Exhibit A.
`
`
`
`4
`
`

`

`8.
`
`Opposer’s Registrations are valid and subsisting in law, were duly and legally
`
`issued, and constitute prima facie evidence of the validity of the Registered ACTAVIS Marks
`
`and Opposer’s Registrations, of Opposer’s claim of ownership of the Registered ACTAVIS
`
`Marks, and of Opposer’s exclusive right to use the Registered ACTAVIS Marks in U.S.
`
`commerce on or in connection with Opposer’s Goods as recited in Opposer’s Registrations
`
`pursuant to Section 7(b) of the Act, 15 U.S.C. § 1057(b).
`
`9.
`
`Opposer’s Registrations are recognized as incontestable pursuant to Section 15
`
`of the Act, 15 U.S.C. § 1065, and thereby, pursuant to Section 33(b) of the Act, 15 U.S.C. §
`
`1115(b), constitute conclusive evidence of the validity of the Registered ACTAVIS Marks and
`
`corresponding Opposer’s Registrations, Opposer’s ownership of the Registered ACTAVIS
`
`Marks, and Opposer’s exclusive right to use the Registered ACTAVIS Marks in commerce in
`
`the United States on or in connection with Opposer’s Goods as recited in the corresponding
`
`registrations.
`
`10.
`
`Opposer’s Registrations constitute constructive notice of Opposer’s claim of
`
`ownership of the Registered ACTAVIS Marks pursuant to Section 22 of the Act, 15 U.S.C. §
`
`1072.
`
`11.
`
`Opposer is also the owner of common law trademark rights in the ACTAVIS
`
`Marks.
`
`12.
`
`Opposer’s use of the ACTAVIS Marks has been continuous since at least as
`
`early as 2006 and has not been abandoned.
`
`13.
`
`Opposer’s ACTAVIS Marks are prominently displayed on the packaging for
`
`Opposer’s Goods and in other ways customary in the trade.
`
`
`
`5
`
`

`

`14.
`
`In addition to being inherently distinctive, the ACTAVIS Marks have gained a
`
`valuable reputation and are widely recognized in the marketplace through Opposer’s continuous
`
`and extensive use in connection with Opposer’s marketing, distributing, offering for sale, and
`
`selling Opposer’s Goods over many years. As such, Opposer has built significant and valuable
`
`goodwill in the ACTAVIS Marks, and the purchasing public recognizes and associates the
`
`ACTAVIS Marks with Opposer and Opposer’s Goods.
`
`Applicant’s U.S. Applications to Register the AKTIS and AKTIS ONCOLOGY Marks
`
`15.
`
`On March 4, 2021 and April 4, 2021, Opposer filed U.S. Application Nos.
`
`90/561,087 and 90/622,804, respectively, to register the marks AKTIS ONCOLOGY and
`
`AKTIS (hereinafter the “AKTIS Marks”) for use in connection with the following services:
`
`Providing medical research and scientific research information in the field of oncology
`via the Internet; Providing medical and scientific research information in the field of
`clinical trials; Providing medical and scientific research information in the field of
`pharmaceuticals and clinical trials; Providing medical and scientific research
`information in the fields of pharmaceuticals and genetics; Scientific investigations for
`medical purposes; Scientific research and development
`
`
`in International Class 42, which applications were filed under Section 1(b) of the Act, 15 U.S.C.
`
`§ 1051(b) (“Applicant’s Applications”).
`
`16.
`
`Applicant’s AKTIS Marks are similar to Opposer’s ACTAVIS Marks in
`
`appearance, sound, and overall commercial impression.
`
`17.
`
`On information and belief, the AKTIS Marks are intended to be used in
`
`connection with substantially similar and related goods or services with which Opposer’s
`
`ACTAVIS Marks are used and registered. In particular, Applicant’s Applications recite various
`
`research and development services in the fields of pharmaceuticals that are closely related to
`
`Opposer’s Goods.
`
`
`
`6
`
`

`

`18.
`
`On information and belief, Applicant’s Services are in the same or overlapping
`
`industries as Opposer’s Goods and of a nature and scope that could be marketed to the same or
`
`similar consumers and are and/or will be distributed through the same or similar channels of
`
`distribution as Opposer’s Goods.
`
`19.
`
`Given the substantial similarity of the parties’ respective marks, goods and
`
`services, relevant markets, advertising, channels of commerce, and consumers, Opposer
`
`believes that there will be a likelihood of confusion if Applicant is permitted to register the
`
`AKTIS Marks for use in conjunction with Applicant’s Services, and registration of the AKTIS
`
`Marks would thus cause damage and injury to Opposer.
`
`20.
`
`Given the substantial similarity of the parties’ respective marks, goods and
`
`services, relevant markets, advertising, channels of commerce, and consumers, Opposer
`
`believes that concurrent registration of the AKTIS Marks in connection with Applicant’s
`
`Services and of the ACTAVIS Marks in connection with Opposer’s Goods is likely to cause
`
`confusion, deception, and/or mistake as to source, and will result in irreparable damage to
`
`Opposer due to the likelihood of confusion pled herein.
`
`21.
`
`Any fault or defect in Applicant’s Services would reflect upon and seriously
`
`injure Opposer’s reputation.
`
`22.
`
`Registration of Applicant’s AKTIS Marks will further harm Opposer, as such
`
`registrations would confer upon Applicant various statutory presumptions to which Applicant
`
`is not entitled in view of Opposer’s priority in the ACTAVIS Marks. There is no issue as to
`
`priority. Significantly prior to the filing dates for Applicant’s Applications or any date of use
`
`upon which Applicant can rely, Opposer has used and registered its ACTAVIS Marks in the
`
`
`
`7
`
`

`

`United States in connection with goods and related services that are the same as, similar to,
`
`overlapping with, and/or related to Applicant’s Services.
`
`23.
`
`Because the AKTIS Marks so resemble registered marks previously used in
`
`the United States by Opposer and not abandoned, and are likely, when used in connection
`
`with Applicant’s Services, to cause confusion, to cause mistake, or to deceive, registration
`
`of Applicant’s Marks are barred under 15 U.S.C. §1052(d).
`
`WHEREFORE, Opposer prays that Application Serial Nos. 90/622,804 and
`
`90/561,087 be rejected and the registration of the marks therein shown for the services therein
`
`specified be refused and denied.
`
`
`
`Respectfully submitted this 28th day of February, 2022.
`
`
`
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`
`
`/Kathryn G. Cole/
`Kathryn G. Cole
`Rebeca Harasimowicz
`MOORE & VAN ALLEN PLLC
`100 North Tryon Street, Suite 4700
`Charlotte, NC 28202-4003
`Telephone: (704) 331-1000
`Email: katecole@mvalaw.com
`
`beckyharasimowicz@mvalaw.com
`
`
`Attorneys for Opposer Actavis Holdco US, Inc.
`
`
`
`8
`
`